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2012 DIGILAW 380 (ORI)

Hantheswar Mallik v. State of Orissa

2012-08-28

I.MAHANTY

body2012
ORDER 28.08.2012Heard Mr. P.S. Nayak learned counsel for the petitioner and Mr. S. Das learned Additional Standing Counsel for the State on behalf of opposite party No.1. Pursuant to the direction of this Court dated 18.07.2012, Mr. Das learned additional Standing Counsel for the State produces before this Court a copy of report of the State Forensic Laboratory dated 21.08.2012 along with a copy of the letter dated 16.08.2012 addressed to the Advocate General Odisha, Cuttack by the Superintendent of Police, Kandhamal, Phulbani as well as a letter of Jayaram Swain Inspector-in-Charge. K. Nuagaon P.S. Dated 30.07.2012. On perusal of the letter of the Inspector-in-Charge, K. Nuagaon P.S. it appears that the investigation into the case was supervised by the S.D.P.O. Balliguda and after compliance report was submitted to the Superintendent of Police, Kandhamal, direction was issued by Superintendent of Police, Kandhamal to submit final report on the basis of insufficient evidence and, accordingly, he submitted final report. It further appears from the said letter that during investigation. It was ascertained that the deceased Pinki Pradhan, committed suicide by taking some poisonous substance like quinine tablets as she claimed to have stated before Medical Officer, C.H.C., K. Nuagaon, It further appears that at the time of submission of final report, no report from the S.F.S.L. had been received. The letter of the Superintendent of Police, Kandhamal, Phulbani contains the following : “The specific case has been registered on 28.09.2009 and the I.O. submitted final report on 8.10.2010 after one year. Within the period the I.O. had not received the Chemical Examination Report even after repeated request to S.F.S.L. and till date the Chemical test has not been completed. This is worth to mention here that CE reports are generally received from SFSL not before two years (even more than this) because of the acute shortage of manpower. After the test, the report is directly sent to Hon’ble Court by SFSL with a copy to I.O./E.O. of the case. As it takes unusually long time to obtain the CE report, final report are submitted to Hon’ble Court if all other action is completed without waiting for the CE report which are directly sent to Court by SFSL. The examination report of the S.F.S.L. dated 21.08.2012 contains the following. As it takes unusually long time to obtain the CE report, final report are submitted to Hon’ble Court if all other action is completed without waiting for the CE report which are directly sent to Court by SFSL. The examination report of the S.F.S.L. dated 21.08.2012 contains the following. “Result of the Examination :- Barbiturates, Benzodiazepine group of drugs, insecticidal, alkaloidal, rhodenticidal, oleander Glucosidal and metallic poison could not be detected in the viscera described above.” Learned counsel for the petitioner asserts that the police papers on the basis of which the Court took cognizance was based on the protest petition filed by the informant and he asserts that the oral submission of the witnesses are not supported by the medical evidence on record. At this stage, this Court is of the considered view that the ends of justice be best served, if the present CRLMC is disposed of granting liberty to the petitioner to raise all his issues before the Court below at the stage of charge and this Court orders accordingly. In the present case as well as the experience of this Court in dealing with various cases. It is found that the State Forensic Science Laboratory takes unusually long time complete the analysis of the materials sent to it for examination (as noted in the letter of the Superintendent of Police, Kandhamal, which is quoted hereinabove). Generally reports are not available from the S.F.S.L. before two years and others cases, this Court has come across where report have not been sent for even up to 12 years. Various instances have come to the notice of the Court where investigation in greatly hampered due to the apparent undue delay on the part of the scientific officials. It is claimed that one of the main reasons for such delay is that the S.F.S.L. suffers lack manpower and equipment. Whatever may be the cause or lapses and inadequacies of the S.F.S.L. the State has to the endeavour to support a proper and early investigation and in this regard, it is the responsibility of the State to ensure adequate man power, resources and materials in order to equip the S.F.S.L. in this regard. Whatever may be the cause or lapses and inadequacies of the S.F.S.L. the State has to the endeavour to support a proper and early investigation and in this regard, it is the responsibility of the State to ensure adequate man power, resources and materials in order to equip the S.F.S.L. in this regard. Several instances have come to the notice of this Court, where viscera or other material are collected but are either not sent for examination and even if viscera is sent for examination, no report is obtained and inevitably the collected materials, due to long lapse of time obviously do not contain any clue and, therefore, the examination report of the S.F.S.L. in most of the case is made purely academic and rendered meaningless. It needs to be placed on record that the working of the S.F.S.L. and D.F.S.L. are at an abysmal state. It these circumstances, this Court is of the considered view that a request ought to be made the Secretary, Home Department, Odisha to make a visit to the S.F.S.L. along with the Director General of Police, Odisha, Cuttack and the Advocate General, Odisha, Cuttack along with the A.D.G.-in-Charge of the S.F.S.L. at the earliest possible and to assess the needs for immediate improvement in the system. It would be also pertinent to mention herein that apart from the S.F.S.L., the D.F.S.L. in all the districts in the State are either dysfunctional or having no man power or have only token man power. Therefore, this Court is also requests the authorities concerned to take immediate urgent steps in this regard. It needs to be mentioned herein that lack of forensic support to the investigation is one of the major causes of the low rate of conviction. This Court remains hopeful that adequate and necessary steps will be taken by the State to remedy and improve the situation that prevails. The Committee may also warder setting up facilities for conducting D.N.A. sampling as well. The Registry is directed to sent a copy of this order to the Secretary, Home Department, Odisha, Bhubaneswar as well as to the Director General of Police, Odisha, Cuttack, who shall send a copy of the remedial steps taken, as well as a time frame for action to the Registry of this Court within four week from the date of receipt of a copy of his order. A free copy of this order be handed over to the learned Additional Government Advocate for the State for communication and compliance. List this matter upon receipt of Compliance Report. CRLMC disposed of.